Plea deal not likely in fatal shooting of Milwaukee teen

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John H. Spooner is brought before Milwaukee County Court Commissioner Barry Phillips, where Spooner waived his right to a preliminary hearing Monday at the Criminal Justice Facility. He is charged with killing 13-year-old Darius Simmons. Authorities say Spooner gunned him down in front of his home after accusing the teen of stealing his shotguns.

The 75-year-old man charged with killing his next-door neighbor, a 13-year-old boy who the defendant believed had stolen guns from his house, may not have five years to live, his lawyer said Monday, and will very likely refuse any offer to plead to a lesser charge.

John H. Spooner is charged with first-degree intentional homicide in the death of Darius Simmons outside their south side homes May 31. In a court appearance Monday, Spooner waived his right to a preliminary hearing and entered a plea of not guilty. Spooner has been in jail since his arrest and was represented Monday by veteran defense attorney Franklyn Gimbel, who said he plans a vigorous defense.

"He won't be judged by rallies and meetings of groups of people," Gimbel said, referring to the fact the case has attracted the attention and participation of the Rev. Jesse Jackson's Rainbow PUSH Coalition.

Some of the boy's family attended Monday's hearing with Bishop Tavis Grant, national field director of the Rainbow PUSH Coalition in Chicago. He said the group had asked the state Department of Justice to investigate the incident as a hate crime and file additional charges.

"A part of this killing was his race," Grant said.

Darius was African-American; Spooner is white, a longtime resident of W. Arrow St. who remained as the neighborhood around him became much more diverse.

None of Spooner's family members appeared in court. He was led out in shackles, wearing orange jail clothing and heavy, black-framed jail eyeglasses. He spoke with Gimbel and another lawyer from his firm, Steven McGaver. He said yes when Milwaukee County Court Commissioner Barry Phillips asked if he understood his right to a preliminary hearing and was knowingly agreeing to give it up.

Grant later characterized Spooner's demeanor as "showing no remorse," noting he appeared to chuckle during conversations with his lawyers and was asking for coffee, "like this was some kind of field trip."

"We'll keep coming back until we get justice for Darius Simmons," Grant said.

James Hall, of the local NAACP, said the family trusts that justice will prevail and deeply appreciates the outpouring of sympathy and support from the community.

Willie Brisco, president of MICAH, a central city church group, also appeared. He said the incident shows the community "needs to stand together against hatred and violence."

After Monday's hearing, Gimbel said Spooner has honorable discharges from both the Army and the Marines, retired from work as a custodian, lived in his home 39 years and has no prior criminal record.

But Spooner had been victimized repeatedly over the years, Gimbel said, suffering burglaries, thefts and assaults that he always reported to police, but to his knowledge were never solved.

"He was frustrated," Gimbel said. "I wouldn't call him a vigilante, no, but a person who'd received no real satisfaction from law enforcement."

Gimbel said he will at least consider the castle doctrine in forming a defense, even though the shooting purportedly occurred outside Spooner's home. The doctrine, adopted last year in Wisconsin, presumes that anyone using deadly force against an unlawful intruder to his home, workplace or vehicle acts reasonably.

Gimbel said any kind of plea deal is highly unlikely, given that because of Spooner's age and poor health, any sentence would effectively be a life term.

"There's nothing to lose for him at trial on first-degree intentional homicide," Gimbel said.